Allowed

Md. Mukhtar Ansari v. The State Of Bihar and Ors.

Patna HC26 Jun 2018CWJC/11494/2018

Case brief

AI extract

What is this about?

The Patna High Court quashed an order cancelling the petitioner's Public Distribution System license. The court held that the failure to supply the enquiry report and deny the petitioner an opportunity of hearing vitiated the decision under natural justice, remanding the matter for afresh disposal.

What did the court decide?

Impugned order quashed and remanded to the Sub-Divisional Officer to pass fresh order after supplying enquiry report and granting opportunity of hearing; supplies restored.

Md. Mukhtar Ansari Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2018)

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Patna High Court CWJC No.11494 of 2018 dt.26-06-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11494 of 2018

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Md. Mukhtar Ansari son of Md. Shani Ansari, Resident of village- Chhawani, Village Panchayat- Belhariya, Police Station- Tikari, District- Gaya.

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.... .... Petitioner

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Versus

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The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna.

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The District Magistrate, Gaya.

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The Sub-Divisional Officer, Tikari (Gaya)

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The Block Supply Officer, Tikari, Dist- Gaya.

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.... .... Respondents

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=========================================================== Appearance : For the Petitioner : Mr. Binay Kumar, Advocate. For the Respondents : Mr. S. RAZA Ahmad, AAG-5

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-06-2018

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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The present writ petition has been filed for quashing the order dated 21.04.2018 contained in Memo No. 215 by which the learned Sub-Divisional Officer, Tikari (Gaya) has cancelled the license No. 26/2016 of the petitioner carrying on business under the Public Distribution System.

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Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he was

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Patna High Court CWJC No.11494 of 2018 dt.26-06-2018

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never confronted with the same with an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in paragraph-7 of the writ petition that the impugned order of cancellation of licence has been passed without providing a copy of the enquiry report to the petitioner, though the same has been relied upon in the impugned order..

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Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of enquiry report has not been controverted, as no counter affidavit has been filed till date.

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In the above view of the matter, this Court is satisfied that non-supply of the enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 21.04.2018 (Annexure-2) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Tikari, Gaya for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting an opportunity of hearing in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 3.

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It is made clear that in case the stand of the petitioner denying receipt of the enquiry report prior to order of cancellation

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Patna High Court CWJC No.11494 of 2018 dt.26-06-2018

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being passed is found to be incorrect, the respondents shall be at

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liberty to approach this Court for recall of this judgment.

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The writ petition stands allowed as above.

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(Vikash Jain, J)

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Md. Ibrarul/BT

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	28.06.2018
Transmission Date	N.A.

Md. Mukhtar Ansari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Md. Mukhtar Ansari v. The State Of Bihar and Ors.

Case brief

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